If you are litigating a case in Denver and need a consumer survey, consider companies like Keegan & Donato Consulting with the training and expertise to design and execute them properly.
Our firm has designed hundreds of consumer research studies across a wide range of industries. In order to obtain high-quality information from a representative sample of the targeted population, we have strict procedures in place to minimize potential biases in data collection.
We provide the following services related to trademark and marketing litigation:
- State-of-the-art survey design, implementation, and presentation
- Expert analysis and report preparation
- Expert witness testimony on consumer survey, marketing and economic issues
- Critique and rebuttal of reportsfrom opposing experts
- Damages and forensic economic analyses
- Guidance on the questioning of opposing experts at deposition or trial
Avoiding Survey Flaws
Surveys can provide powerful and valid evidence, but an overly broad survey that fails to address the key issues in a case, even if based on an accepted methodology, may be deemed inadmissible or given little weight by the Court.
Consider Kate Spade LLC v. Saturdays Surf LLC, 950 F.Supp. 2d 639 – Dist. Court, S.D. New York (2013), in which the Court found consumer survey testimony presented by both the plaintiff and defendant to be of limited value and afforded the surveys no weight in this trademark infringement litigation.
Saturdays Surf LLC’s survey was determined to suffer from methodological flaws that raised “serious questions about the leading nature of the survey design.” Kate Spade LLC’s survey was also found to be poorly designed.
In Water Pik, Inc. v. Med-Systems, Inc., 726 F.3d 1142, 1144-50 (10th Cir. 2013), there is a lengthy discussion about why the Court determined that survey evidence submitted by the defendant in this trademark infringement and unfair competition case, “had too many methodological flaws to be of any probative value.”
For these reasons, it is important to employ experts, such as Keegan & Donato Consulting, who can:
- conduct surveys with rigorous methodological principles
- document and support the choice of survey questions and sample method
- minimize the possibility of bias
- carefully analyze the data gathered
- support the results with knowledgeable, reliable expert testimony
Keegan & Donato Consulting is a leading firm in the field of trademark litigation with 25 years of combined experience. We have designed and critiqued hundreds of consumer research studies across a broad range of industries for cases in federal court, state court, the TTAB, the NAD, arbitration hearings, and other specialty venues.
Our methodologically sound surveys and meticulous analytical skills have assisted firms across the nation, such as Pashman Stein in New Jersey, Blood Hurst & O’Reardon LLP in San Diego, SmithAmundsen LLP in Chicago, and Kaye Scholer LLP in Los Angeles, Philadelphia and New York City.
As you evaluate consumer survey companies to bolster your Denver litigation, Keegan & Donato Consulting would be pleased to advise you on the best approach for your particular survey or provide you with an objective evaluation of existing survey research. Get in touch with the experts at Keegan & Donato Consulting at (914) 967-9421 to discuss your needs.